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New York County, Surrogate's Court: October 17, 2019

New York County, Surrogate's Court: October 17, 2019

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Surrogate Anderson ESTATE OF CECILIA NESS, Deceased (19-2508) — In this uncontested probate proceeding, an instrument dated January 9, 1993, has been offered for probate as an ancient document. Petitioner, decedent’s daughter and sole distributee, is the nominated executor and sole beneficiary under the propounded instrument. Decedent died on October 7, 2018, at the age of 87. The proffered instrument was found in decedent’s residence. The will was witnessed by three persons, two of whom could not be located despite a diligent search, and one of whom, petitioner alleges, is under a disability. The instrument complies with the standards for admission to probate as an ancient document. It is more than 20 years old, appears unsuspicious in nature, and was taken from a natural place of custody (Matter of Tier, 3 Misc 3d 587, 591 [Sur Ct, NY County 2004]; Matter of Davy, NYLJ, Dec. 20, 1999, at 34, col 4 [Sur Ct, NY County 1999]). In addition, the instrument contains an attestation clause, which is entitled to great weight (Matter of Tier, supra; Matter of Zipkin, 3 Misc 2d 396 [Sur Ct, Westchester County 1956]). The genuineness of the will and the validity of its execution having been shown to the satisfaction of the court, probate is granted (SCPA 1408; EPTL 3-2.1). Decree signed. Dated: October 16, 2019

Surrogate Mella ESTATE OF VERINA BRATHWAITE, Deceased (69-4976/A) — At the call of the October 8, 2019 calendar, the court granted the unopposed motion by petitioner to the extent of granting her application for substitution of her counsel of record (CPLR 321), as well as her request to restore to the calendar her petition for appointment as successor executor of the estate of decedent. The court directed that supplemental citation on that petition issue once petitioner has filed an affidavit or affirmation amending the list of interested parties and their addresses. This decision, together with the transcript of the October 8, 2019 proceedings, constitutes the order of the court. Clerk to notify. Dated: October 16, 2019

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